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I will post the facts..
I "won" auction from ebay.
Attempted to pay seller via Paypal
Paypal transaction failed, seller did not have an account (said he did)
The next morning seller shipped me item. (I never paid)
Then seller demanded payment via personal credit card - outside paypal
I refused this, since it smelled like fraud.
I got the item, it was not what I bidded on, used abused missing parts.
Seller demanded I pay for it. Or pay to have it shipped back.
I agreed to have it ready for him to have fedex or UPS pick-up. He refused.
All that happened months ago..
Now..
I was served with papers for small claims court in Arizona
Seller is in Arizona
I am in Indiana
Demands I pay for item $600 (actual auction price)
I phoned him, again told him it was his responsibility to pay return shipping.
He agreed on the phone the condition and missing items.
I gave in, agreed to send it back if he dropped the case.
I sent it back.
Same box, same condition
He amended his case and now wants full retail price. $2000 because I damaged it.
How can he sue me for something I never paid for (I did attempt to pay)
How can he sue me for more then the auction price??
Where is the jurisdiction, I thought he would have to file a claim in Indiana.
any suggestions?
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I will post the facts..
I "won" auction from ebay.
Attempted to pay seller via Paypal
Paypal transaction failed, seller did not have an account (said he
did)
The next morning seller shipped me item. (I never paid)
Then seller demanded payment via personal credit card - outside
paypal
I refused this, since it smelled like fraud.
I got the item, it was not what I bidded on, used abused missing
parts.
Seller demanded I pay for it. Or pay to have it shipped back.
I agreed to have it ready for him to have fedex or UPS pick-up. He
refused.
All that happened months ago..
Now..
I was served with papers for small claims court in Arizona
Seller is in Arizona
I am in Indiana
Demands I pay for item $600 (actual auction price)
I phoned him, again told him it was his responsibility to pay return
shipping.
He agreed on the phone the condition and missing items.
I gave in, agreed to send it back if he dropped the case.
I sent it back.
Same box, same condition
He amended his case and now wants full retail price. $2000 because I
damaged it.
How can he sue me for something I never paid for (I did attempt to
pay)
How can he sue me for more then the auction price??
Anybody can sue for anything. That doesn't mean they can win. In
your case you owe nothing and should have no trouble winning at trial.
You don't owe anything for three reasons. First, you didn't get the
goods in the proper condition as ordered. Second, you returned the
goods as agreed after the defects were discussed. Third, you and the
seller reached an agreement to settle disputes. He agreed to drop the
case and then reneged. Make those points clear to the judge and you
should win.
Where is the jurisdiction, I thought he would have to file a claim
in Indiana.
In my state, small claims is not available to sue an out-of-state
defendant. I don't know about Arizona or Indiana. The first step is
go online and research that question. If you find that Arizona small
claims won't allow the suit, or that Indiana will not respect an
Arizona small claims judgment, you are done. Just ignore it.
If you find out that the judgment will be valid in Arizona, and that
Indiana will respect an Arizona small claims judgment, then you need
to decide whether to defend. I would. I would enjoy a cross-country
drive, or a flight and a short vacation in Arizona in the middle of an
Indiana winter.
McGyver
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small claims wrote:
I will post the facts..
I "won" auction from ebay.
Attempted to pay seller via Paypal
Paypal transaction failed, seller did not have an account (said he did)
The next morning seller shipped me item. (I never paid)
Then seller demanded payment via personal credit card - outside paypal
I refused this, since it smelled like fraud.
I got the item, it was not what I bidded on, used abused missing parts.
Seller demanded I pay for it. Or pay to have it shipped back.
I agreed to have it ready for him to have fedex or UPS pick-up. He
refused.
All that happened months ago..
Now..
I was served with papers for small claims court in Arizona
Seller is in Arizona
I am in Indiana
Demands I pay for item $600 (actual auction price)
I phoned him, again told him it was his responsibility to pay return
shipping. He agreed on the phone the condition and missing items.
I gave in, agreed to send it back if he dropped the case.
I sent it back.
Same box, same condition
He amended his case and now wants full retail price. $2000 because I
damaged it.
How can he sue me for something I never paid for (I did attempt to pay)
How can he sue me for more then the auction price??
Where is the jurisdiction, I thought he would have to file a claim in
Indiana.
any suggestions?
Send a letter of the circumstances to the court, let them hear your side of
it.
He defrauded pure and simple.
It sounds like he knew in advance the item was damaged.
He's trying to bilk you into paying 3 times the bid upon price.
You could have also offered payment in the form of a money order.
Or pay for the shipping charges.
Beats paying for $600 or $2000 for a damaged item.
Why did he ship it to you before payment?
Hoping you wouldn't notice the damage?
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You can also "collaterally attack" the judgment. OR you can countersue for
big bucks and move it to superior court. If you do that he may drop the
case entirely. You really shouldn't bend over for the guy.
--
Falky
San Diego, Calif.
----------------
Disclaimer: This has been the opinion of a law student, not a lawyer.
Author advises each reader to get the opinion of a legal professional.
This post is not intended to be legal advice.
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Why did he ship it to you before payment?
He shouldn't have shipped at all in the first place before checking to see what
forms of payment you were willing to use in lieu of PayPal. It's rather ironic
that he was willing to ship the item out with no assurance of getting paid, but
later on he was unwilling to pay for return shipping. (If it was me in your
situation, I would have gone ahead and paid for shipping.)
*****
Tim Horrigan <horrigan@aol.com>
*****
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McGyver wrote:
did)
paypal
parts.
refused.
shipping.
damaged it.
How can he sue me for something I never paid for (I did attempt to
pay)
Anybody can sue for anything. That doesn't mean they can win. In
your case you owe nothing and should have no trouble winning at trial.
You don't owe anything for three reasons. First, you didn't get the
goods in the proper condition as ordered. Second, you returned the
goods as agreed after the defects were discussed. Third, you and the
seller reached an agreement to settle disputes. He agreed to drop the
case and then reneged. Make those points clear to the judge and you
should win.
Where is the jurisdiction, I thought he would have to file a claim
in Indiana.
In my state, small claims is not available to sue an out-of-state
defendant. I don't know about Arizona or Indiana. The first step is
go online and research that question. If you find that Arizona small
claims won't allow the suit, or that Indiana will not respect an
Arizona small claims judgment, you are done. Just ignore it.
If you find out that the judgment will be valid in Arizona, and that
Indiana will respect an Arizona small claims judgment, then you need
to decide whether to defend. I would. I would enjoy a cross-country
drive, or a flight and a short vacation in Arizona in the middle of an
Indiana winter.
McGyver
3 hours by plane, 3 days by car.
A round trip ticket costs less than the car travel.
You also fail to mention the ebay side of this problem.
Could the fact that the seller had no paypal account, be a factor?
Did the seller state how payments were to be made? Such as via paypal then
not have an account?
Would that equate to fraud as well?
This is precisely why I don't do ebay.
No way to know who's honest and who's not.
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I have been doing searches on the subject...
I contacted AZ and they said I can defend myself via telephone.
If you find out that the judgment will be valid in Arizona, and that
Indiana will respect an Arizona small claims judgment, then you need
to decide whether to defend. I would. I would enjoy a cross-country
drive, or a flight and a short vacation in Arizona in the middle of an
Indiana winter.
McGyver
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I finally ended up paying for shipping.
It is a 20 lb item.
Which is expensive to ship
(If it was me in your
situation, I would have gone ahead and paid for shipping.)
*****
Tim Horrigan <horrigan@aol.com>
*****
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You can also "collaterally attack" the judgment.
What does this mean?
OR you can countersue for
big bucks and move it to superior court. If you do that he may drop the
case entirely. You really shouldn't bend over for the guy.
What would I countersue for?
The only thing I am out now is return shipping and soon some court costs.
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When I respond to the paperwork, should I list all reasons why I think I am right?
Or do I have to pick the best one??
Can I also contest the jurisdiction on this?
I thought he would have to sue me in Indiana?
Anybody can sue for anything. That doesn't mean they can win. In
your case you owe nothing and should have no trouble winning at trial.
You don't owe anything for three reasons. First, you didn't get the
goods in the proper condition as ordered. Second, you returned the
goods as agreed after the defects were discussed. Third, you and the
seller reached an agreement to settle disputes. He agreed to drop the
case and then reneged. Make those points clear to the judge and you
should win.
in Indiana.
In my state, small claims is not available to sue an out-of-state
defendant. I don't know about Arizona or Indiana. The first step is
go online and research that question. If you find that Arizona small
claims won't allow the suit, or that Indiana will not respect an
Arizona small claims judgment, you are done. Just ignore it.
If you find out that the judgment will be valid in Arizona, and that
Indiana will respect an Arizona small claims judgment, then you need
to decide whether to defend. I would. I would enjoy a cross-country
drive, or a flight and a short vacation in Arizona in the middle of an
Indiana winter.
McGyver
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